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Legal matters

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Dropping bail conditions DV

32 replies

Monotemom · 18/12/2021 12:10

Hope someone can help. I was wondering if you can get bail conditions dropped and how to do it. Basically my partner and I had an argument and he’s been arrested and released on bail conditions that he doesn’t speak to me or come near the home we share together. I would rather these conditions were dropped because I just think they are not necessary and I would rather we could go somewhere like to his mums for Christmas (we have a child together) - how do I go about this? Sorry I have no other safe place to ask. And I’m in Scotland - I know the rules are diff x

OP posts:
prh47bridge · 18/12/2021 12:46

I'm not an expert on Scottish law but there is an answer at www.theglasgowlawpractice.co.uk/crime/bail-conditions.html#:~:text=Can%20Bail%20conditions%20be%20altered,sent%20to%20the%20Procurator%20Fiscal. It seems unlikely you will be able to get the bail conditions varied by Christmas. If you are a victim of DV, are you sure this is the right thing to do?

TheSandgroper · 18/12/2021 13:17

Not anywhere near Scotland but I would think that those bail conditions are there for your personal safety. Please use the time given to you to ask for independent advice about your living conditions.

I read on here about Women’s Aid a lot. Please ring them and answer their questions honestly. Please see the value in you living safely.

TheSandgroper · 18/12/2021 13:19

You will get a lot of comments on here. Many of them will have a strong common theme.

To open yourself to these comments takes great personal strength. I congratulate you on that strength.

Hoppinggreen · 18/12/2021 14:15

Well it’s The Police who are charging him with whatever it is he’s done and the Court has set his bail conditions so it’s not up to you to the and change them.
They are there to protect you and your child and there is a very good reason why DV victims can’t just say “actually I have changed my mind”

Monotemom · 18/12/2021 16:19

This reply has been deleted

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QueenJeanie · 18/12/2021 17:17

I’d suggest getting some proper legal advice lolz

ForeverQuery · 18/12/2021 17:19

Lol

GrazingSheep · 18/12/2021 17:19

I feel very sorry for your child
Their father arrested and removed from the home and their mother putting their abuser first

supersonicginandtonic · 18/12/2021 17:20

For the police to arrest your partner and put bail conditions in place, it must have been quite a serious incident. For god sake put yourself and your child first and stay away from him or social care will become involved. They don't take to kindly to people putting their partner before the safety of their children.

Elieza · 18/12/2021 17:28

I’m sorry you’re a victim of a crime.

The police don’t just charge people with made up charges for a laugh.

Your partner committed a crime.

He’s being kept away from you for your own good. Because he could do the same again or other worse things to you or your child.

Don’t try and change the bail conditions. Try and work out how to get away from this abuser and start a new life with your child. If you try and stay with him, depending on what he has done and the history, you could even find the ss have concerns for the well-being of your child and whether dc should be removed to a place of safety if you persist in seeing this guy.

You have a lot of thinking to do. I’d suggest counselling. Have you been surrounded by dv for a long time or have a childhood of it against yourself? That could be clouding your judgement. It’s not normal to have dv in the house. You deserve better and so does dc. Please seek help.

AnotherDelphinium · 18/12/2021 17:49

Have a look at the freedom course - www.freedomprogramme.co.uk/

Start new Christmas traditions this year away from him. If he is truly keen to see his child he’ll request contact in the family courts, and they most likely be at a contact centre to keep your child safe.

Hoppinggreen · 18/12/2021 17:54

@Monotemom

I’m not saying anything like that and know you can appeal to get your bail conditions changed. Honest to god if you don’t know then maybe shut your mouth lolz
Maybe you should keep this abusive man away from your child? Whenever children suffer at the hands of adults and we think “what was the mother thinking?” I guess now we know lolz
Theunamedcat · 18/12/2021 17:54

He can request contact with his child through official channels its in you and your child's best interests to do this

lilmishap · 18/12/2021 18:05

Have SS spoken to you yet? Unless it's different in Scotland they will have had a referral.

I would wait until you've spoken to them.

Does he even want to be around you at christmas? A lot of men fancy some space if they get nicked because of an argument with a partner.

Hoppinggreen · 18/12/2021 18:10

He probably does because when it goes to court they’ve reconciled which might affect his case positively.
I do have sympathy for women in this position but less when a child is involved

lilmishap · 18/12/2021 18:11

If they've reconciled he's breached his bail though.

Hoppinggreen · 18/12/2021 18:12

True, unless OP can get the conditions changed (hope not)

Theunamedcat · 18/12/2021 18:31

He wants a reconciliation so it will go favorably on him in court

SS don't want a reconciliation as it won't go favorably for the child

Lolz indeed

NandorTheRelentless · 18/12/2021 19:46

He won't be arrested for nothing, so what did he do

serene12 · 18/12/2021 20:32

This must be very scary and overwhelming for you. In Scotland, where there is a child in the household, The Police will automatically make a referral to social services, who will carry out an assessment. Normally social services will refer to the Children’s Reporter, who will decide if the case will proceed to a Children’s Hearing. This is due to there being a child who has or has likely to commit domestic abuse, as this raises safeguarding concerns. The assesssment will look at the mother’s strengths i.e. what has she done to protect her child, if she’s engaged with services and perpetrator accountability.

SpanielsAreMyLife · 18/12/2021 20:35

I'd be very careful, as SS may become involved and remove your child if you're not seen to be acting in their best interests ie keeping them safe.

BreadSauceInCaptivity · 18/12/2021 20:49

@serene12

This must be very scary and overwhelming for you. In Scotland, where there is a child in the household, The Police will automatically make a referral to social services, who will carry out an assessment. Normally social services will refer to the Children’s Reporter, who will decide if the case will proceed to a Children’s Hearing. This is due to there being a child who has or has likely to commit domestic abuse, as this raises safeguarding concerns. The assesssment will look at the mother’s strengths i.e. what has she done to protect her child, if she’s engaged with services and perpetrator accountability.

This....

What's your priority @Monotemom?

Christmas dinner with your MIL and partner or doing the best for your child?

Whatever your interpretation of the argument it was considered serious enough by the police for those bail conditions to be set.

Don't try and overturn them.

You and your partner best serve the interests of your child and yourselves if you want to remain in the relationship, by demonstrating you're willingness to listen to and abide by the sanctions imposed.

Let social services do their assessment and listen to what they tell you.

Do not try and get away with visiting your partner or overturning the bail conditions.

You would simply be escalating the situation by demonstrating you are unwilling to look after the welfare of your child and yourself by minimising what happened.

LaChristmasBella · 19/12/2021 20:37

It's obviously not concerning you that greatly, OP, with the lolz it's causing. I feel sorry for your child, you're not acting in her best interests are you?

DebbieHarrysCheekbones · 21/12/2021 11:38

Your poor kid
Grow up

MissNothing1991 · 21/12/2021 11:44

@Monotemom

I’m not saying anything like that and know you can appeal to get your bail conditions changed. Honest to god if you don’t know then maybe shut your mouth lolz
Think you should drop the attitude to be honest. Many people, myself included, don't find the issue of possible domestic violence in any way funny. If you don't want advice or for anyone to care then don't ask in the first place.